Ottumwa Production Credit Ass'n v. Heinhold Hog Market, Inc.

OXBERGER, Chief Judge.

Plaintiff appeals from a summary judgment for defendant, a livestock buyer who purchased hogs from Jackson upon which plaintiff claims a security interest. On appeal, plaintiff asserts that (1) evidence of “a course of dealing” does not support the defense of waiver, and authorization, as opposed to waiver, was not pleaded; and (2) there was no evidence of express authority from plaintiff to Jackson to sell the hogs, and whether there was implied authority is a question of fact which cannot be decided upon a motion for summary judgment. We affirm.

Plaintiff Production…